Representation by Network Rail Infrastructure Limited (Network Rail Infrastructure Limited)
- Date submitted
- 1 August 2019
- Submitted by
- Members of the public/businesses
APPLICATION BY HIGHWAYS ENGLAND FOR AN ORDER GRANTING DEVELOPMENT CONSENT FOR THE A38 DERBY JUNCTIONS HIGHWAYS IMPROVEMENT SCHEME PLANNING INSPECTORATE REFERENCE: TR010022 SECTION 56 PLANNING ACT 2008: RELEVANT REPRESENTATION OF NETWORK RAIL INFRASTRUCTURE LIMITED This is the section 56 representation of Network Rail Infrastructure Limited (Network Rail) provided in respect of Highways England's application for a Development Consent Order (Order) which seeks powers to enable the alteration to the A38 by the grade separation and realignment of the route leading to and away from the existing roundabouts known as Kingsway, Markeaton and Little Eaton. It includes the alteration to these three roundabouts and the related highway works necessary to allow the realigned A38 to connect to the realigned A52, A5111 and A61 and to be integrated into the surrounding trunk and classified road network (Scheme). Network Rail is a statutory undertaker and owns, operates and maintains the majority of the rail infrastructure of Great Britain. The Book of Reference (BoR) identifies land plan plots 8/5, 8/6, 8/7, 8/8 and 8/9 (Plots) as land owned and occupied by Network Rail in respect of which compulsory acquisition powers to acquire new rights and to acquire land are sought. The compulsory acquisition powers sought are described in the BoR as: In respect of Plot numbers 8/5 and 8/8: • Temporary possession and use of land In respect of Plot number 8/6: • Compulsory acquisition of airspace together with the creation and compulsory acquisition of new rights (including where necessary, a right to impose restrictive covenants) In respect of Plot numbers 8/7 and 8/9: • Compulsory acquisition of all interests and rights in land (including as required subsoil, surface land or airspace) (Compulsory Powers). Network Rail notes that the Compulsory Powers are sought in relation to operational railway land forming part of the operational railway being the East Midlands Main Line. Network Rail objects to the inclusion of the Plots in the Order and to the acquisition of Compulsory Powers in respect of those Plots. The Plots constitute land acquired by Network Rail for the purpose of its statutory undertaking and, accordingly, this representation is made under section 56 and sections 127 and 138 of the Planning Act 2008. Network Rail considers that there is no compelling case in the public interest for the acquisition of the Compulsory Powers and Network Rail considers that the Secretary of State, in applying section 127 of the Planning Act 2008, cannot conclude that new rights and restrictions over the railway land can be created and land can be acquired without serious detriment to Network Rail's undertaking; no other land is available to Network Rail which means that the detriment cannot be made good by them. Network Rail also objects to all other compulsory powers in the Order to the extent that they affect, and may be exercised in relation to, Network Rail's property and interests. In order for Network Rail to be in a position to withdraw its objection Network Rail requires: (a) agreements with the Applicant that regulate: - the manner in which the acquisition of land and the rights over the Plots and any other railway property are carried out including terms which protect Network Rail's statutory undertaking and agreement that compulsory acquisition powers will not be exercised in relation to such land; and - the carrying out of works in the vicinity of the operational railway network to safeguard Network Rail's statutory undertaking. (b) the inclusion of protective provisions in the DCO for its benefit. To safeguard Network Rail's interests and the safety and integrity of the operational railway, Network Rail objects to the inclusion of the Compulsory Powers and any other powers affecting Network Rail in the Order. Network Rail requests that the Examining Authority treat Network Rail as an Interested Party for the purposes of the Examination and reserves its right to attend hearings and participate fully in the examination process.